Florida Senate - 2009 SB 476
By Senator Sobel
31-00549-09 2009476__
1 A bill to be entitled
2 An act relating to emergency management; creating part
3 V of ch. 252, F.S., the Uniform Emergency Volunteer
4 Health Practitioners Act; providing definitions;
5 providing for applicability of the act to specified
6 volunteer health practitioners; providing for the
7 regulation of specified health services by the
8 Division of Emergency Management of the Department of
9 Community Affairs, in cooperation with the Department
10 of Health, the Agency for Health Care Administration,
11 and the Board of Veterinary Medicine, while an
12 emergency declaration is in effect; providing
13 requirements with respect to volunteer health
14 practitioner registration systems; providing
15 procedures with respect to the use of such systems;
16 authorizing specified volunteer health practitioners
17 who are licensed outside the state to practice in this
18 state; providing limitations with respect to the
19 protections afforded under the act; defining
20 “credentialing” and “privileging”; providing that the
21 act does not affect the credentialing or privileging
22 standards of a health facility and does not preclude a
23 health facility from waiving or modifying those
24 standards while an emergency declaration is in effect;
25 providing for regulation, modification, and
26 restriction of health or veterinary services provided
27 by volunteer health practitioners under the act;
28 providing for imposition of administrative sanctions
29 under specified conditions; providing for relation of
30 the act to other laws; authorizing the Division of
31 Emergency Management, the Department of Health, the
32 Agency for Health Care Administration, and the Board
33 of Veterinary Medicine to adopt rules; providing
34 limitations on civil liability for volunteer health
35 practitioners; providing for vicarious liability;
36 providing for workers' compensation coverage under the
37 act; providing duties and responsibilities of the
38 Division of Emergency Management, the Department of
39 Health, the Agency for Health Care Administration, and
40 the Board of Veterinary Medicine with respect to
41 workers' compensation coverage, including the adoption
42 of rules; providing for uniformity of application and
43 construction of the act; providing an effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Part V of chapter 252, Florida Statutes,
48 consisting of sections 252.951, 252.952, 252.953, 252.954,
49 252.955, 252.956, 252.957, 252.958, 252.959, 252.960, 252.961,
50 252.962, and 252.963, is created to read:
51 PART V
52 UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT
53 252.951 Short title.—This part may be cited as the “Uniform
54 Emergency Volunteer Health Practitioners Act.”
55 252.952 Definitions.—As used in this part:
56 (1) “Board of Veterinary Medicine” means the Board of
57 Veterinary Medicine within the Division of Professions of the
58 Department of Business and Professional Regulation.
59 (2) “Disaster relief organization” means an entity that
60 provides emergency or disaster relief services that include
61 health or veterinary services provided by volunteer health
62 practitioners and that:
63 (a) Is designated or recognized as a provider of those
64 services pursuant to a disaster response and recovery plan
65 adopted by an agency of the Federal Government or an agency or
66 political subdivision of this state; or
67 (b) Regularly plans and conducts its activities in
68 coordination with an agency of the Federal Government or an
69 agency or political subdivision of this state.
70 (3) “Division of Emergency Management” or “division” means
71 the Division of Emergency Management of the Department of
72 Community Affairs.
73 (4) “Emergency” has the same meaning as that term is
74 defined in s. 252.34(3).
75 (5) “Emergency declaration” means the declaration of a
76 state of emergency by executive order or proclamation of the
77 Governor as provided under s. 252.36.
78 (6) “Emergency Management Assistance Compact” means the
79 interstate compact approved by Congress by Pub. L. No. 104-321,
80 110 Stat. 3877, codified as part III of this chapter.
81 (7) “Entity” means a person other than an individual.
82 (8) “Health facility” means an entity licensed under the
83 laws of this or another state to provide health or veterinary
84 services.
85 (9) “Health practitioner” means an individual licensed
86 under the laws of this or another state to provide health or
87 veterinary services.
88 (10) “Health services” means the provision of treatment,
89 care, advice or guidance, or other services, or supplies,
90 related to the health or death of individuals or human
91 populations, to the extent necessary to respond to an emergency,
92 including:
93 (a) The following, concerning the physical or mental
94 condition or functional status of an individual or affecting the
95 structure or function of the body:
96 1. Preventive, diagnostic, therapeutic, rehabilitative,
97 maintenance, or palliative care; and
98 2. Counseling, assessment, procedures, or other services;
99 (b) Sale or dispensing of a drug, a device, equipment, or
100 other item to an individual in accordance with a prescription;
101 and
102 (c) Funeral, cremation, cemetery, or other mortuary
103 services.
104 (11) “Host entity” means an entity operating in this state
105 which uses volunteer health practitioners to respond to an
106 emergency.
107 (12) “License” means authorization by a state to engage in
108 health or veterinary services that are unlawful without the
109 authorization. The term includes authorization under the laws of
110 this state to an individual to provide health or veterinary
111 services based upon a national certification issued by a public
112 or private entity.
113 (13) “Person” means an individual, corporation, business
114 trust, trust, partnership, limited liability company,
115 association, joint venture, public corporation, government or
116 governmental subdivision, agency, or instrumentality, or any
117 other legal or commercial entity.
118 (14) “Scope of practice” means the extent of the
119 authorization to provide health or veterinary services granted
120 to a health practitioner by a license issued to the practitioner
121 in the state in which the principal part of the practitioner's
122 services are rendered, including any conditions imposed by the
123 licensing authority.
124 (15) “State” means a state of the United States, the
125 District of Columbia, Puerto Rico, the United States Virgin
126 Islands, or any territory or insular possession subject to the
127 jurisdiction of the United States.
128 (16) “Veterinary services” means the provision of
129 treatment, care, advice or guidance, or other services, or
130 supplies, related to the health or death of an animal or to
131 animal populations, to the extent necessary to respond to an
132 emergency, including:
133 (a) Diagnosis, treatment, or prevention of an animal
134 disease, injury, or other physical or mental condition by the
135 prescription, administration, or dispensing of vaccine,
136 medicine, surgery, or therapy;
137 (b) Use of a procedure for reproductive management; and
138 (c) Monitoring and treatment of animal populations for
139 diseases that have spread or demonstrate the potential to spread
140 to humans.
141 (17) “Volunteer health practitioner” means a health
142 practitioner who provides health or veterinary services, whether
143 or not the practitioner receives compensation for those
144 services. The term does not include a practitioner who receives
145 compensation pursuant to a preexisting employment relationship
146 with a host entity or affiliate which requires the practitioner
147 to provide health services in this state, unless the
148 practitioner is not a resident of this state and is employed by
149 a disaster relief organization providing services in this state
150 while an emergency declaration is in effect.
151 252.953 Applicability to volunteer health practitioners.
152 This part applies to volunteer health practitioners registered
153 with a registration system that complies with s. 252.955 and who
154 provide health or veterinary services in this state for a host
155 entity while an emergency declaration is in effect.
156 252.954 Regulation of services during emergency.—
157 (1) While an emergency declaration is in effect, the
158 Division of Emergency Management, in conjunction with the
159 Department of Health, the Agency for Health Care Administration,
160 and the Board of Veterinary Medicine, may limit, restrict, or
161 otherwise regulate:
162 (a) The duration of practice by volunteer health
163 practitioners;
164 (b) The geographical areas in which volunteer health
165 practitioners may practice;
166 (c) The types of volunteer health practitioners who may
167 practice; and
168 (d) Any other matters necessary to coordinate effectively
169 the provision of health or veterinary services during the
170 emergency.
171 (2) An order issued pursuant to subsection (1) may take
172 effect immediately, without prior notice or comment, and is not
173 a rule pursuant to chapter 120.
174 (3) A host entity that uses volunteer health practitioners
175 to provide health or veterinary services in this state shall:
176 (a) Consult and coordinate its activities with the Division
177 of Emergency Management, the Department of Health, the Agency
178 for Health Care Administration, and the Board of Veterinary
179 Medicine to the extent practicable to provide for the efficient
180 and effective use of volunteer health practitioners; and
181 (b) Comply with any laws other than this part relating to
182 the management of emergency health or veterinary services.
183 252.955 Volunteer health practitioner registration
184 systems.—
185 (1) To qualify as a volunteer health practitioner
186 registration system, a system must:
187 (a) Accept applications for the registration of volunteer
188 health practitioners before or during an emergency;
189 (b) Include information about the licensure and good
190 standing of health practitioners which is accessible by
191 authorized persons;
192 (c) Be capable of confirming the accuracy of information
193 concerning whether a health practitioner is licensed and in good
194 standing before health services or veterinary services are
195 provided under this part; and
196 (d) Meet one of the following conditions:
197 1. Be an emergency system for advance registration of
198 volunteer health practitioners established by a state and funded
199 through the United States Department of Health and Human
200 Services under Section 319I of the United States Public Health
201 Services Act, 42 U.S.C. s. 247d-7b, as amended;
202 2. Be a local unit consisting of trained and equipped
203 emergency response, public health, and medical personnel formed
204 pursuant to Section 2801 of the United States Public Health
205 Services Act, 42 U.S.C. s. 300hh, as amended;
206 3. Be operated by a:
207 a. Disaster relief organization;
208 b. Licensing board;
209 c. National or regional association of licensing boards or
210 health practitioners;
211 d. Health facility that provides comprehensive inpatient
212 and outpatient health care services, including a tertiary care
213 and teaching hospital; or
214 e. Governmental entity; or
215 4. Be designated by the Division of Emergency Management,
216 in cooperation with the Department of Health, the Agency for
217 Health Care Administration, and the Board of Veterinary
218 Medicine, as a registration system for purposes of this part.
219 (2) While an emergency declaration is in effect, the
220 Division of Emergency Management, the Department of Health, the
221 Agency for Health Care Administration, and the Board of
222 Veterinary Medicine, a person authorized to act on behalf of the
223 division, department, agency, or board, or a host entity may
224 confirm whether volunteer health practitioners utilized in this
225 state are registered with a registration system that complies
226 with subsection (1). Confirmation is limited to obtaining
227 identities of the practitioners from the system and determining
228 whether the system indicates that the practitioners are licensed
229 and in good standing.
230 (3) Upon request of a person in this state authorized under
231 subsection (2), or a similarly authorized person in another
232 state, a registration system located in this state shall notify
233 the person of the identities of volunteer health practitioners
234 and whether the practitioners are licensed and in good standing.
235 (4) A host entity is not required to use the services of a
236 volunteer health practitioner even if the practitioner is
237 registered with a registration system that indicates that the
238 practitioner is licensed and in good standing.
239 252.956 Recognition of volunteer health practitioners
240 licensed in other states.—
241 (1) While an emergency declaration is in effect, a
242 volunteer health practitioner, registered with a registration
243 system that complies with s. 252.955 and licensed and in good
244 standing in the state upon which the practitioner's registration
245 is based, may practice in this state to the extent authorized by
246 this part as if the practitioner were licensed in this state.
247 (2) A volunteer health practitioner qualified under
248 subsection (1) is not entitled to the protections of this part
249 if the practitioner is licensed in more than one state and any
250 license of the practitioner is suspended, revoked, or subject to
251 an agency order limiting or restricting practice privileges, or
252 has been voluntarily terminated under threat of sanction.
253 252.957 No effect on credentialing and privileging.—
254 (1) As used in this section:
255 (a) “Credentialing” means obtaining, verifying, and
256 assessing the qualifications of a health practitioner to provide
257 treatment, care, or services in or for a health facility.
258 (b) “Privileging” means the authorizing by an appropriate
259 authority, such as a governing body, of a health practitioner to
260 provide specific treatment, care, or services at a health
261 facility subject to limits based on factors that include
262 license, education, training, experience, competence, health
263 status, and specialized skill.
264 (2) This part does not affect credentialing or privileging
265 standards of a health facility and does not preclude a health
266 facility from waiving or modifying those standards while an
267 emergency declaration is in effect.
268 252.958 Provision of volunteer health or veterinary
269 services; administrative sanctions.—
270 (1) Subject to subsections (2) and (3), a volunteer health
271 practitioner shall adhere to the scope of practice for a
272 similarly licensed practitioner established by the licensing
273 provisions, practice acts, or other laws of this state.
274 (2) Except as otherwise provided in subsection (3), this
275 part does not authorize a volunteer health practitioner to
276 provide services that are outside the practitioner's scope of
277 practice, even if a similarly licensed practitioner in this
278 state would be permitted to provide such services.
279 (3) The Division of Emergency Management, in cooperation
280 with the Department of Health, the Agency for Health Care
281 Administration, and the Board of Veterinary Medicine, may modify
282 or restrict the health or veterinary services that volunteer
283 health practitioners may provide pursuant to this part. An order
284 under this subsection may take effect immediately, without prior
285 notice or comment, and is not a rule pursuant to chapter 120.
286 (4) A host entity may restrict the health or veterinary
287 services that a volunteer health practitioner may provide
288 pursuant to this part.
289 (5) A volunteer health practitioner is not deemed to be
290 engaging in unauthorized practice unless the practitioner has
291 reason to know of any limitation, modification, or restriction
292 under this section or that a similarly licensed practitioner in
293 this state would not be permitted to provide the services. A
294 volunteer health practitioner has reason to know of a
295 limitation, modification, or restriction or that a similarly
296 licensed practitioner in this state would not be permitted to
297 provide a service if:
298 (a) The practitioner knows the limitation, modification, or
299 restriction exists or that a similarly licensed practitioner in
300 this state would not be permitted to provide the service; or
301 (b) From all the facts and circumstances known to the
302 practitioner at the relevant time, a reasonable person would
303 conclude that the limitation, modification, or restriction
304 exists or that a similarly licensed practitioner in this state
305 would not be permitted to provide the service.
306 (6) In addition to the authority granted by the law of this
307 state other than this part to regulate the conduct of health
308 practitioners, a licensing board or other disciplinary authority
309 in this state:
310 (a) May impose administrative sanctions upon a health
311 practitioner licensed in this state for conduct outside of this
312 state in response to an out-of-state emergency;
313 (b) May impose administrative sanctions upon a health
314 practitioner not licensed in this state for conduct in this
315 state in response to an in-state emergency; and
316 (c) Shall report any administrative sanctions imposed upon
317 a practitioner licensed in another state to the appropriate
318 licensing board or other disciplinary authority in any other
319 state in which the practitioner is known to be licensed.
320 (7) In determining whether to impose administrative
321 sanctions under subsection (6), a licensing board or other
322 disciplinary authority shall consider the circumstances in which
323 the conduct took place, including any exigent circumstances, and
324 the practitioner's scope of practice, education, training,
325 experience, and specialized skill.
326 252.959 Relation to other laws.—
327 (1) This part does not limit rights, privileges, or
328 immunities provided to volunteer health practitioners by laws
329 other than this part. Except as otherwise provided in subsection
330 (2), this part does not affect requirements for the use of
331 health practitioners pursuant to the Emergency Management
332 Assistance Compact.
333 (2) The Division of Emergency Management, in cooperation
334 with the Department of Health, the Agency for Health Care
335 Administration, and the Board of Veterinary Medicine, pursuant
336 to the Emergency Management Assistance Compact, may incorporate
337 into the emergency forces of this state volunteer health
338 practitioners who are not officers or employees of this state, a
339 political subdivision of this state, or a municipality or other
340 local government within this state.
341 252.960 Regulatory authority.—The Division of Emergency
342 Management, the Department of Health, the Agency for Health Care
343 Administration, and the Board of Veterinary Medicine may adopt
344 rules to implement this part. In doing so, the division, the
345 department, the agency, and the board shall consult with and
346 consider the recommendations of the entity established to
347 coordinate the implementation of the Emergency Management
348 Assistance Compact and shall also consult with and consider
349 rules adopted by similarly empowered agencies in other states to
350 promote uniformity of application of this part and make the
351 emergency response systems in the various states reasonably
352 compatible.
353 252.961 Limitations on civil liability for volunteer health
354 practitioners; vicarious liability.—
355 (1) Subject to subsection (3), a volunteer health
356 practitioner who provides health or veterinary services pursuant
357 to this part is not liable for damages for an act or omission of
358 the practitioner in providing those services.
359 (2) No person is vicariously liable for damages for an act
360 or omission of a volunteer health practitioner if the
361 practitioner is not liable for the damages under subsection (1).
362 (3) This section does not limit the liability of a
363 volunteer health practitioner for:
364 (a) Willful misconduct or wanton, grossly negligent,
365 reckless, or criminal conduct;
366 (b) An intentional tort;
367 (c) Breach of contract;
368 (d) A claim asserted by a host entity or by an entity
369 located in this or another state which employs or uses the
370 services of the practitioner; or
371 (e) An act or omission relating to the operation of a motor
372 vehicle, vessel, aircraft, or other vehicle.
373 (4) A person that, pursuant to this part, operates, uses,
374 or relies upon information provided by a volunteer health
375 practitioner registration system is not liable for damages for
376 an act or omission relating to such operation, use, or reliance
377 unless the act or omission is an intentional tort or is willful
378 misconduct or wanton, grossly negligent, reckless, or criminal
379 conduct.
380 252.962 Workers' compensation coverage.—
381 (1) For purposes of this section, “injury“ means a physical
382 or mental injury or disease for which an employee of this state
383 who is injured or contracts the disease in the course of the
384 employee's employment would be entitled to benefits under the
385 workers' compensation law of this state.
386 (2) A volunteer health practitioner who dies or is injured
387 as the result of providing health or veterinary services
388 pursuant to this part is deemed to be an employee of this state
389 for the purpose of receiving benefits for the death or injury
390 under chapter 440, the Workers' Compensation Law, if:
391 (a) The practitioner is not otherwise eligible for such
392 benefits for the injury or death under the law of this or of
393 another state; and
394 (b) The practitioner, or in the case of death the
395 practitioner's personal representative, elects coverage under
396 the workers' compensation law of this state by making a claim
397 under that law.
398 (3) The Division of Emergency Management, the Department of
399 Health, the Agency for Health Care Administration, and the Board
400 of Veterinary Medicine shall adopt rules, enter into agreements
401 with other states, or take other measures to facilitate the
402 receipt of benefits for injury or death under the workers'
403 compensation law of this state by volunteer health practitioners
404 who reside in other states, and may waive or modify requirements
405 for filing, processing, and paying claims that unreasonably
406 burden the practitioners. To promote uniformity of application
407 of this part with other states that enact similar legislation,
408 the Division of Emergency Management, the Department of Health,
409 the Agency for Health Care Administration, and the Board of
410 Veterinary Medicine shall consult with and consider the
411 practices for filing, processing, and paying claims by agencies
412 with similar authority in other states.
413 252.963 Uniformity of application and construction.—In
414 applying and construing this uniform act, consideration must be
415 given to the need to promote uniformity of the law with respect
416 to its subject matter among states that enact it.
417 Section 2. This act shall take effect July 1, 2009.